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September 30, 2020

Is Judge Amy Coney Barrett the first SCOTUS nominee to disclose multiple blog posts in her Senate questionnaire?

The question in the title of this post comes from my review of this new NPR piece headlined "What Barrett Would Recuse Herself From: Takeaways From Senate Questionnaire."  The NPR piece highlights a few parts of the 65-page questionnaire that Judge Barrett submitted to the Senate Judiciary Committee, but I was especially captivated by page 10 of that document.  On that page, Judge Barrett lists seven posts (and a comment) that she authored during a month she was guest-posting at PrawfsBlawg in March 2008.

Ever the blog fan, I checked out Judge Barrett's PrawfBlawg writings from a dozen years ago.  I was first bemused to discover that I was also guest-blogging at PrawfBlawg the same month as then-Professor Barrett.  Next, as a fan of temperance history, I especially enjoyed this post titled "Grape Vodka, Anyone?" (where perhaps some hints of originalism might be seen).  Ultimately, though, the most intriguing post for me and perhaps other sentencing fans is this one titled "Sentencing Guidelines and Retroactivity."   That post discusses at some length what then-Professor Barrett calls the "on-the-ground implications of retroactivity" of the crack guidelines that were reduced by the US Sentencing Commission in 2007.  

I won't say more about what are now dated blog musings by a SCOTUS nominee, but I will say I am pleased to be able to report that it seem a little blogging history does not alone disqualify a person from being tapped for the High Court.

September 30, 2020 at 11:46 PM | Permalink


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